A work visa typically enables lawful employment in the host country. A work visa is usually issued by the host country’s immigration or labor authority, but may also be issued by the host country‘s consulate located in the home country. A work visa usually enables an individual to enter the host country to perform permitted work-related activities for a specified period of time. In some jurisdictions, particularly in China, parts of Africa and Latin America, a work visa may be supplemented or substituted by a residence permit and/or work permit. The residence permit is issued by local immigration authorities while the work permit is often issued by the local labor authorities. The combination of both documents will allow the employee to remain in country to perform work-related activities.
Each country defines permissible work activities somewhat differently and may have several categories of visas that permit work, often varying in type and/or duration. Some categories of authorized work visas may require labor market clearance to establish a shortage of host country employees, while others may be available only to certain specific occupations or skills. Many countries will require the company to maintain authorized physical operations in the host country in order to qualify their employees for work visas. However, in some jurisdictions, there is a possibility of using secondment agreements and third-party employee leasing contracts to avoid this requirement. Some countries will limit the parties who may work in their country, and require training of local nationals in exchange for work authorization. In general, many countries will authorize work visa issuance for the following scenarios, but special clearance or conditions may apply:
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Intra-company transfers of personnel. A defined period of tenure with the home company may be required to qualify for this visa classification.
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Productive activities in the host country that potentially would otherwise be conducted by host country nationals, with certain prerequisites, possibly including numerical limits, prevailing wage payment equalizations, health insurance standards, and/or other obligations.
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Hands-on training, in some cases including training that results in productive employment.
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International or bilateral agreements on which beneficiary countries are benefited with special treatment to promote economic development or international relations.
In general, in order to qualify for work visas, employees and their employing companies will be subject to the following conditions or requirements:
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Generally a registered legal entity of the company, established in the host country, will be required to sponsor the work visa. However, some countries have provisions that enable host-country clients to act as sponsors, or in other cases may allow for third party employers.
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Generally, the employee must be paid the market wage for the offered position, though this is not a universal requirement. The exact wage required as well as the designated company that must pay that wage will vary depending on the country’s governing immigration and/or employment laws.
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Some work visas will be subject to numerical quotas.
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In some cases, the visa process will be relatively easier or more difficult for nationals of certain countries.
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Some work visas will require the sponsoring employer to first be approved to sponsor foreign national employees and/or have a blanket approval in place. Numerous pre-requisites may apply for this eligibility.
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The employee often will be required to demonstrate that s/he has attained a certain level of education and/or experience.
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The period of intended stay must be consistent with the intended purpose of the trip.